Meaning of consideration for s 71
71A Meaning of consideration for s 71
Consideration, for a claim referral or potential claim referral, means a fee or other benefit given for the claim referral or potential claim referral but does not include a gift, other than money, or hospitality if the gift or hospitality has a value of $200 or less.
To remove any doubt, it is declared that consideration does not include—
a payment or other benefit, not for a claim referral or potential claim referral, to—
a community legal service; or
an industrial organisation; or
a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth); or
a school association; or
a sporting association; or
Example—
legal services provided pro bono by an associate of a law practice to a community legal service
an amount given by a claimant for a service provided to the claimant as part of making a claim including, for example, an amount for legal costs.
In this section—
school association means—
an association under the Education (General Provisions) Act 2006; or
for a non-State school under the Education (Accreditation of Non-State Schools) Act 2017—an association of parents and friends formed for the school.
sporting association means an association formed and operated on a not-for-profit basis for the purpose of conducting a sporting activity.
This Act’s bill:Explanatory memorandum
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